DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/2018)

BMC HV ELECTRICAL & INSTRUMENTATION PTY LTD AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 5 JUNE 2018

Application for approval of the BMC HV Electrical & Instrumentation Pty Ltd and ETU Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the BMC HV Electrical & Instrumentation Pty Ltd and ETU Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 June 2018. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent decision of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Fair Work Commission was presented with an application for the approval of an enterprise agreement between BMC HV Electrical & Instrumentation Pty Ltd and its employees as represented by the Electrical Trades Union. The union sought approval of the agreement, which had been negotiated between the employer and the union, to ensure that it met the necessary requirements under the Fair Work Act 2009.

The central issue before the commission was whether the agreement complied with the provisions of the Fair Work Act, particularly in terms of the procedural fairness of the agreement-making process and the substantive terms of the agreement itself. This included ensuring that the agreement was free from any contraventions of the Act and that it provided for the protection of employees' rights and interests.

The commission found that the agreement had been negotiated in good faith and that there was no evidence of any procedural unfairness. The commission also found that the substantive terms of the agreement were reasonable and met the requirements of the Act. The commission approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

The commission made orders approving the enterprise agreement and setting out the terms and conditions of employment for the employees covered by the agreement. The orders also included provisions for the ongoing monitoring and review of the agreement to ensure that it continued to meet the requirements of the Act.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established